18 U.S.C. § 117 - Domestic Assault by a Habitual Offender
Every state in the union has laws that significantly penalize acts of domestic violence. In U.S. territories that aren't under the jurisdiction of a state, the federal government also has strict laws criminalizing this behavior.
When it comes to domestic assault, federal law reserves its harshest penalties for 'habitual offenders,' those with a history of two or more prior convictions for domestic violence crimes.
Under Title 18 U.S. Code 117, a federal conviction for domestic assault, coupled with at least two prior domestic violence convictions, can lead to a penalty of up to 10 years in federal prison.
The full text of 18 U.S.C. 117 says, "(a) In General.-Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least two separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction-
(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner, or a child of or in the care of the person committing the domestic assault; or
(2) an offense under chapter 110A shall be fined under this title, imprisoned for a term of not more than five years, or both, except that if substantial bodily injury results from the violation under this section, the offender shall be imprisoned for a term of not more than ten years.
(b) Domestic Assault Defined.-
In this section, the term "domestic assault" means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim."
What is Federal Jurisdiction?
18 U.S.C. 117 was enacted to address repeated instances of domestic violence, particularly in situations where previous state-level interventions have failed to prevent further abuse.
The statute specifically criminalizes assault within certain domestic relationships if the offender has two or more prior convictions for domestic violence offenses. 18 U.S.C. 117 specifically applies to the "special maritime and territorial jurisdiction of the United States or Indian country."
This designation is basically intended to cover all areas of U.S. territory that aren't specifically under state jurisdiction. Examples of territories within this designation include:
- Federal Lands: Lands reserved or acquired for U.S. use under exclusive or concurrent jurisdiction, such as military bases or other federal properties.
- High Seas and Waters: This covers the high seas and any other waters within the admiralty and maritime jurisdiction of the U.S., outside the jurisdiction of any particular state.
- U.S. Vessels, Aircraft, and Spacecraft: Any vessel or craft registered, licensed, or enrolled under U.S. laws.
- Offenses Outside National Jurisdiction: Any offense committed by or against U.S. nationals occurring outside any nation's jurisdiction, including on foreign vessels.
- Indian Tribal Lands: This includes any land within the limits of Indian country subject to federal jurisdiction.
What Constitutes Domestic Assault?
For purposes of this law, "domestic assault" covers acts of violence in which the perpetrator is related to the victim in intimate, domestic, or family relationships. These relationships include, but aren't necessarily limited to:
- Current and former spouses,
- Parents,
- Children,
- Legal guardians,
- Cohabitants,
- Someone with whom the victim has a child in common.
What Constitutes a Prior Offense?
For the purposes of U.S.C. 117, a "prior offense" can be any act of "assault, sexual abuse, or serious violent felony" against an intimate partner, spouse, or child in the care of the perpetrator.
Notably, prior offenses aren't limited to crimes under federal jurisdiction; they can also include crimes tried in federal, state, or Indian tribal courts.
Thus, if you have two prior domestic violence convictions in California, for example, and you commit a third act of domestic assault on federal land, you can be charged as a "habitual offender" under 18 U.S.C. 117.
What Must Be Proven to Convict?
To convict you under 18 U.S.C. 117, federal prosecutors must establish the following elements beyond a reasonable doubt:
- You committed domestic assault (i.e., physical or sexual abuse, or any serious violent felony, against a spouse, intimate partner, child, or someone in your care),
- The offense occurred either within the special maritime and territorial jurisdiction of the United States or Indian country, and
- You have had at least two prior similar convictions, whether in federal, state, or tribal court.
What are Related Federal Laws?
18 U.S. Code Chapter 7 has several federal statutes related to assault, such as the following:
- 18 U.S.C. 111 - Assaulting, resisting, or impeding certain officers or employees.
- 18 U.S.C. 112 - Protection of foreign officials, official guests, and internationally protected persons.
- 18 U.S.C. 113 - Assaults within maritime and territorial jurisdiction.
- 18 U.S.C. 114 - Maiming within maritime and territorial jurisdiction.
- 18 U.S.C. 115 - Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.
- 18 U.S.C. 116 - Female genital mutilation.
- 18 U.S.C. 117 - Domestic assault by a habitual offender.
- 18 U.S.C. 118 - Interference with certain protective functions.
- 18 U.S.C. 119 - Protection of individuals performing certain official duties.
What are the 18 U.S.C. 117 Penalties?
The penalties for federal domestic assault by a habitual offender are more severe than the penalties imposed under the law of most states. The maximum sentence depends on the level of injury to the victim:
- For standard violations (i.e., no substantial bodily injury to the victim), You could face up to five years in federal prison.
- For instances resulting in serious bodily injury to the victim, You could face up to 10 years in federal prison.
You could also face fines of up to $250,000 for either type of offense.
What are the Legal Defenses?
Despite the severity of these types of charges, a skilled federal criminal defense attorney can still offer a variety of defenses against charges under 18 U.S.C. 117. These include, but are not limited to:
- Challenging Prior Convictions: One potential defense is to question the validity or applicability of the prior convictions. This might involve asserting that the previous offenses did not meet the criteria set forth under federal law or that there were procedural errors in the original trials.
- Nature of the Relationship: The defense may argue that the nature of the relationship between you and the victim does not fall within the statutory definitions of this law. You might face other charges after using this defense successfully, but you would not qualify for prosecution as a habitual domestic offender.
- Lack of Jurisdiction: Asserting that the offense did not occur within the special maritime and territorial jurisdiction of the United States or Indian country and, therefore, cannot be tried under 18 U.S.C. 117.
For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles, California.
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